Bill Text: OR HB3124 | 2013 | Regular Session | Introduced

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Bill Title: Relating to urban service agreements; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3124 Detail]

Download: Oregon-2013-HB3124-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3131

                         House Bill 3124

Sponsored by COMMITTEE ON LAND USE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires local governments, including special districts, to
enter into urban service agreements not later than January 1,
2015.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to urban service agreements; amending ORS 195.020 and
  195.085; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 195.085 is amended to read:
  195.085.   { - (1) No later than the first periodic review that
begins after November 4, 1993, - }  Local governments
 { - and - }  { + , including + } special districts { + , + }
shall demonstrate compliance with ORS   { - 195.020 and - }
195.065 { +  no later than January 1, 2015 + }.
    { - (2) The Land Conservation and Development Commission may
adjust the deadline for compliance under this section when cities
and counties that are parties to an agreement under ORS 195.020
and 195.065 are scheduled for periodic review at different
times. - }
    { - (3) Local governments and special districts that are
parties to an agreement in effect on November 4, 1993, which
provides for the future provision of an urban service shall
demonstrate compliance with ORS 195.065 no later than the date
such agreement expires or the second periodic review that begins
after November 4, 1993, whichever comes first. - }
  SECTION 2. ORS 195.020 is amended to read:
  195.020. (1) Special districts shall exercise their planning
duties, powers and responsibilities and take actions that are
authorized by law with respect to programs affecting land use,
including a city or special district boundary change as defined
in ORS 197.175 (1), in accordance with goals approved pursuant to
ORS chapters 195, 196 and 197.
  (2) A county assigned coordinative functions under ORS 195.025
(1), or   { - the Metropolitan Service District - }  { +
Metro + }, which is assigned coordinative functions for
Multnomah, Washington and Clackamas counties by ORS 195.025 (1),
shall enter into a cooperative agreement with each special
district that provides an urban service within the boundaries of
the county or the metropolitan  { + service + } district. A
county or   { - the Metropolitan Service District - }
 { + Metro + } may enter into a cooperative agreement with any
other special district operating within the boundaries of the
county or the metropolitan  { + service + } district.
  (3) The appropriate city and county and, if within the
boundaries of   { - the Metropolitan Service District, the
Metropolitan Service District, - }   { + Metro, Metro + } shall
enter into a cooperative agreement with each special district
that provides an urban service within an urban growth boundary.
The appropriate city and county, and   { - the Metropolitan
Service District - }  { +  Metro + }, may enter into a
cooperative agreement with any other special district operating
within an urban growth boundary.
  (4) The agreements described in subsection (2) of this section
shall conform to the requirements of paragraphs (a) to (d), (f)
and (g) of this subsection. The agreements described in
subsection (3) of this section shall:
  (a) Describe how the city { + , + }   { - or - }  county { +
or Metro + } will involve the special district in comprehensive
planning, including plan amendments, periodic review and
amendments to land use regulations;
  (b) Describe the responsibilities of the special district in
comprehensive planning, including plan amendments, periodic
review and amendments to land use regulations regarding provision
of urban services;
  (c) Establish the role and responsibilities of each party to
the agreement with respect to city { + , + }   { - or - }
county { +  or Metro + } approval of new development;
  (d) Establish the role and responsibilities of the
city { + , + }   { - or - } county { +  or Metro + } with respect
to { +  metropolitan service + } district interests including,
where applicable, water sources, capital facilities and real
property, including rights of way and easements;
  (e) Specify the units of local government   { - which shall - }
 { + that must + } be parties to an urban service agreement under
ORS 195.065;
  (f) If   { - a Metropolitan Service District - }
 { + Metro + } is a party to the agreement, describe how
 { - the Metropolitan Service District - }  { + Metro + } will
involve the special district in the exercise of   { - the
Metropolitan Service District's - }   { + Metro's  + }regional
planning responsibilities; and
  (g) Contain   { - such - }  other provisions   { - as - }  the
Land Conservation and Development Commission may require by rule.
  (5) Agreements required under subsections (2) and (3) of this
section are subject to review by the commission. The commission
may provide by rule for periodic submission and review of
cooperative agreements to   { - insure - }   { + ensure + } that
 { - they - }   { + the cooperative agreements + } are consistent
with acknowledged comprehensive plans.
   { +  (6) Cities, counties and Metro shall demonstrate
compliance with subsections (2) and (3) of this section no later
than the first periodic review that begins after November 4,
1993. The commission may adjust the deadline for compliance under
this subsection when parties to an agreement under subsection (2)
or (3) of this section are scheduled for periodic review at
different times. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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